[2026] SADC 10

Prosecution: R Counsel: MR A BARNETT - Solicitor: DIRECTOR OF PUBLIC PROSECUTIONS (SA) Accused: PETROS KARAVASILIS Counsel: MS J ABBEY KC - Solicitor: PATSOURIS & ASSOC Hearing Date/s: 08/12/2025, 09/12/2025, 10/12/2025, 12/12/2025, 15/12/2025 File No/s: DCCRM-23-034274 B DISTRICT COURT OF SOUTH AUSTRALIA (Criminal) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment. The onus remains on any person using material in the judgment to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court in which it was generated. R v KARAVASILIS Criminal Trial by Judge Alone [2026] SADC 10 Reasons for the Verdict of his Honour Auxiliary Judge Barrett 20 February 2026 CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING SEXUAL RELATIONSHIP WITH CHILD AND PERSISTENT SEXUAL ABUSE OF CHILD The accused is charged with Sexual Abuse of a Child, the 14 to 15 year old co-worker at a Barnacle Bill's cafe. He is 10 years older than she is. The accused gave evidence denying the charge. He gave evidence of his previous good character. While the evidence of the complainant was credible, the evidence of the accused cannot be rejected as reasonably possibly true. Held: The accused is not guilty of the charge of Sexual Abuse of a Child. Criminal Law Consolidation Act 1935 (SA) ss 50(1), 50(2), 50(12), 56; Summary Offences Act 1953 (SA) ss 74EA(1a), 74EA(2); Evidence Act 1929 (SA) ss 13BA, 34M, 34P, referred to. R v Calides (1983) 34 SASR 355; R v Lavery (2013) 116 SASR 242; R v Botten [2017] SASCFC 73; R v Trimboli (1979) 21 SASR 577; R v BS (2016) 261 A Crim R 329; R v Mann [2020] SASCFC 69, considered. -- 1 of 36 -- -- 2 of 36 -- R v KARAVASILIS [2026] SADC 10 1 The accused is charged with Sexual Abuse of a Child. It is alleged that he sexually abused a fellow casual employee of a Barnacle Bills Café. The complainant was aged between 14 and 15 at the time. He was aged 24 to 25. 2 I reproduce the Information. Offence Details: Sexual Abuse of a Child s 50(1) of the Criminal Law Consolidation Act 1935 Particulars Petros Karavasilis between the 1st day of January 2012 and the 7th day of September 2013, at Old Reynella, maintained an unlawful sexual relationship with [AB], a person under the age of 17, by engaging in two or more unlawful sexual acts with or towards [AB], namely: (a) Squeezing her buttocks on more than one occasion (b) Touching her breast on more than one occasion (c) Touching her vagina on more than one occasion (d) Kissing her on the mouth and neck on more than one occasion (e) Inserting a finger into her vagina on more than one occasion (f) Inciting or causing or procuring her to touch his penis on one occasion (g) Rubbing his genital area on her on more than one occasion Preliminary matters 3 The accused elected to be tried by Judge alone. Prescribed interview 4 On the first day of the trial Mr A Barnett for the prosecution indicated that the complainant’s examination-in-chief would almost entirely consist of a prescribed interview conducted by a police officer. At the time of the interview on 28 August 2022 the complainant was aged 24. Mr Barnett indicated that there had been some discussions between the prosecution and defence about redactions from the interview, but they could not be resolved without rulings being made on evidence of complaint. I will turn shortly to that topic, but for the present, I deal with evidentiary aspects of the prescribed interview. 5 There is no dispute between the prosecution and defence about the permissibility of the complainant’s examination-in-chief being largely presented by way of the prescribed interview notwithstanding that she was aged 24 at the time. She is now 28. Section 74EA(1a) of the Summary Offences Act provides that -- 3 of 36 -- [2026] SADC 10 2 recorded interviews within the meaning of Division 3 of the Act may be conducted where the person being interviewed is the victim of an alleged child sexual offence. There is no age disqualification for the interviewee so long as he or she was under 18 at the time of the alleged offence (s 74EA(2)). 6 There was no suggestion that the relevant provisions of Division 3 of the Summary Offences Act had not been complied with. 7 After discussion with counsel, it was agreed that the provisions of s 13BA of the Evidence Act had to be complied with notwithstanding the complainant’s age. 8 I reproduce s 13BA of the Evidence Act. 13BA—Admissibility of recorded evidence by certain witnesses in certain criminal proceedings (1) Subject to this section, the court may, in the trial of a charge of an offence, or in a pre-trial special hearing conducted in accordance with section 12AB, order that the evidence of a witness be admitted in the form of an audio visual record. (2) Subject to subsection (2a), an application for an order under subsection (1) must— (a) be made in writing by the party wishing to have the audio visual record of the evidence admitted under this section; and (b) be filed in the court; and (c) within 14 days of being filed in the court—be served on the other party to the proceedings (the respondent); and (d) otherwise be made in accordance with the rules of court. (2a) An application for an order to admit an audio visual record of the examination, cross-examination or re-examination of a witness at a pre-trial special hearing may be made orally at the pre-trial special hearing or in accordance with any directions of the court. (3) An audio visual record of the evidence of a witness may be admitted under this section if the recording— (a) has been made in a pre-trial special hearing conducted in accordance with section 12AB; or (b) has been made pursuant to Part 17 Division 3 of the Summary Offences Act 1953 and— (i) the court is satisfied as to the witness's capacity to give sworn or unsworn evidence at the time the recording was made; and (ii) the court is satisfied that the respondent has been given a reasonable opportunity to view the recording; and -- 4 of 36 -- [2026] SADC 10 3 (iii) the witness is available, if required, for further examination, cross-examination or re-examination during the course of the trial or, if the order for admission of the recording is being sought in a pre-trial special hearing under section 12AB, during the course of the pre-trial special hearing. (4) The court's discretion to exclude evidence is not affected by subsection (3) and the court may— (a) rule as inadmissible the whole or any part of the recording; or (b) before admitting the recording, order that it be edited so as to exclude evidence that is inadmissible for any reason. (5) Despite subsection (3)(b)(iii), the witness cannot be further examined, cross-examined or re-examined on the evidence admitted under this section without the permission of the court which may only be given, on application by a party to the proceedings— (a) if the court is satisfied that a party to the proceedings has, since the making of the audio visual record, become aware of a matter of which the party could not reasonably have been aware at the time the record was made; or (b) if the witness gives evidence in the trial or, if the order for admission of the recording is being sought in a pre-trial special hearing under section 12AB, during the course of the pre-trial special hearing, apart from or in addition to evidence admitted under this section in the form of an audio visual record and the court is satisfied that it is in the interests of justice that the witness be further examined, cross-examined or re-examined; or (c) if the court is satisfied that it is otherwise in the interests of justice to permit the witness to be further examined, cross-examined or re-examined. (6) If a court admits evidence in the form of an audio visual record under this section, the judge must— (a) explain to the jury that the law allows the court to admit evidence in this form; and (b) warn the jury— (i) not to draw from the admission of evidence in that form any inference adverse to the defendant; and (ii) not to allow the admission of evidence in that form to influence the weight to be given to the evidence. 9 It was agreed between the prosecution and defence that the provisions of sub- s 2 had been complied with. 10 In relation to sub-s 3, it was agreed that I could be satisfied that at the time of the interview, the complainant had the capacity to give sworn evidence (sub- s 3(b)(i)), that the accused had been given a reasonable opportunity to view the -- 5 of 36 -- [2026] SADC 10 4 recording (sub-s 3(b)(ii)) and that the complainant was available to give evidence (sub-s 3(b)(iii)). 11 It was further agreed that the complainant could only be examined, cross- examined or re-examined if the Court gave permission (sub-s 5). Following the playing of the interview in Court counsel exchanged lists of questions each wanted to ask, and I gave permission for questions to be asked.1 12 While I was not obliged to give myself the warning to the jury provided for in sub-s 6 I indicate that I bore those warnings in mind. 13 Subject to redactions, I ordered that, pursuant to s 13(b)(a)(i), the evidence of the complainant be admitted in the form of the audiovisual record. The disc of the interview was tendered as Exhibit P1, and an edited transcript was marked MFI-P1A. The disc was played in Court. It took about five hours. Complaint evidence 14 Ms Abbey KC for the accused objected to the admission of complaint evidence. It appears that the complainant made disclosures of sexual offending by the accused to three people, namely, her sister, who has since died, a school friend Abigail Davies and her husband JB. However, Ms Abbey submitted that it was not possible to identify the order in which the disclosures were made. It could not be determined which was the initial complaint within the meaning s 34M of the Evidence Act and which, if any, could be described as elaborations of the initial complaint. 15 Mr Barnett did not seek to call evidence on the voir dire from potential complaint witnesses to see if there could be any clarification on this topic. 16 I accepted that, on the Information before me, it was not possible to identify an initial complaint or an elaboration thereof. I excluded the complaint evidence of the three witnesses. 17 I say something further about that order. During cross-examination the complainant was questioned about discussions she had had with her husband about the accused’s offending against her. The purpose of the questions was, in part, to demonstrate that the complainant’s husband had persuaded or pressed her to report her complaint to the police.2 In the course of those questions the complainant was asked about a phone call her husband had had with the accused. The complainant said that her husband told her that the accused had said he was sorry. The complainant had also referred to this topic in her record of interview. 18 When the complainant referred to the reported apology by the accused Ms Abbey elicited from her that she was not present at the phone call. She had not 1 T39-42. 2 T113-118. -- 6 of 36 -- [2026] SADC 10 5 heard the apology herself. The complainant agreed but added that her husband ‘was happy to testify but was excluded from testifying’.3 19 When the complainant’s evidence concluded, I raised with counsel the topic of the complainant’s comment. Erroneously, I referred to the complainant’s ‘brother’ rather than her husband, but I made it clear that, while I had excluded the husband’s complaint evidence, I had not excluded other evidence he might give. I specifically said that I had not excluded the evidence of the phone call. I added that I would have thought that that evidence was admissible.4 20 The complainant’s husband was not called. 21 The complainant’s former school friend, Abigail Davies, was called by the prosecution, not for the purpose of giving the (excluded) evidence of complaint, but to enable defence counsel to cross-examine her on an inconsistency between the complainant’s testimony and the terms of the complaint. The complainant had said that the accused had penetrated her vagina with a finger. Ms Davies told the police that the complainant had said that the accused touched her vagina but had not penetrated it. 22 I direct myself that I do not use Ms Davies’ evidence as complaint evidence. I will discuss separately what use I do make of her evidence. 23 Having made the rulings regarding complaint evidence, redactions were made to the interview. Redactions were made to the transcript, MFI-P1A and the sound was muted in the relevant passages of the disc P1. View 24 On the afternoon of the first day of the trial the court took a view of the premises of Barnacle Bills in Morphett Vale. I do not treat what was said on the view as evidence, but I use what was seen there to assist an understanding of the oral evidence and exhibits. Overview 25 The complainant was employed as a casual employee at Barnacle Bills for about 18 months when she was aged between 14 and 15 or 16. The accused was employed there for slightly longer, starting before her and finishing after her. The accused is 10 years older than the complainant. 26 The prosecution’s case is that, at work, the accused groomed her by paying her attention and flirting with her. He began going with her into a walk-in cool room and there kissing and touching her sexually. Sometime after she turned 15 in September 2012, he persuaded her to sneak away from her parent’s house at night 3 T116. 4 T119-120. -- 7 of 36 -- [2026] SADC 10 6 and join him in his car. There he would undress her and engage in more intimate touching, including on at least one occasion digitally penetrating her vagina. 27 The defence case is that no sexual touching occurred at all, not in the workplace nor in the accused’s car. Course of the trial 28 The complainant gave evidence by way of her police interview and from the witness box. The prosecution called as witnesses the complainant’s school friend, Abigail Davies, and the proprietor at Barnacle Bills, Ms Vicki Vlachos. The prosecution also called the officer-in-charge, Detective Brevet Sergeant Glen Hausler. Exhibits were tendered and there were agreed facts.5 29 At the conclusion of the prosecution case, at about 4:15pm on 10 December 2025, Ms Abbey indicated that no evidence would be called by the defence. Mr Barnett indicated that he would be prepared to address immediately. To avoid splitting addresses, I adjourned to 10:00am on 11 December for addresses. 30 The Court was unable to sit on that day due to industrial action. At 10:00am on 12 December Ms Abbey said her instructions had changed and the accused now wished to give evidence. 31 Mr Barnett did not oppose the application. I granted it. 32 The accused gave evidence. 33 He called no witnesses. He tendered as an exhibit a photograph of his car, which was marked Exhibit D8. Evidence of witnesses Complainant's prescribed interview on 24 August 2022 - P1 and MFI P1A6 34 The complainant was 24 at the time of the interview. By way of introduction Brevet Sergeant Geraint Glendhill asked the complainant what she did for leisure. She said that, with a group of friends, she and her husband engaged in weekly Dungeons and Dragons scenarios.7 35 The complainant was asked to indicate the nature of her complaint to police. She said that when she was 14 to 15, working at Barnacle Bills, a fellow employee in his late 20’s groomed her over a period of months. Then, for a shorter period of time, he sexually molested he.8 She identified the accused as the perpetrator. 5 Exhibit P11. 6 Exhibit P1 – Complainant’s prescribed interview on 24 August 2022; Exhibit MFI P1A – Transcript of complainant’s prescribed interview on 24 August 2022. 7 Exhibit MFI P1A at [97]-[112]. 8 Exhibit MFI P1A at [97]-[124]. -- 8 of 36 -- [2026] SADC 10 7 36 She said that he was a cousin of her employer and was already working there when she started. She said that once she was trained, she worked mostly on dayshifts on Sundays. Her parents would drop her at work straight from church. 37 Dayshifts were quieter than nightshifts. There would generally be three people rostered, the manager, a male cook and a female employee. After the rush at lunchtimes, the manager would spend time in her office. 38 Other evidence, including photos, demonstrates that the office was a narrow alcove separated from the work benches by a wall of shelving which did not reach the ceiling.9 39 The complainant said that at 14 she was having difficulties at home. She was struggling socially. In particular, the boys at school did not show her the attention they showed other girls. By contrast, the accused did show an interest in her. He would talk to her as an adult. He flirted with her. He asked if she had boys lining up for her, to which she said that they showed no interest in her. He said that they were stupid and blind. He said she was gorgeous. His flattery made her feel wanted. He was interested in what she had to say. She became more confident and conscious of her looks. He made her feel that she had sex appeal. For some months, he would look at her and smile.10 40 The complainant said that the accused did not initially become physical with her. He said that if she were older he would date her ‘in a heartbeat’. She became ‘definitely infatuated’.11 41 The complainant said that the first physical contact happened in the fridge at work. She went in to get something and the accused followed her. He walked up to her. He kissed her on the neck while touching and squeezing her buttocks. She froze. She spent the rest of the day in a daze. The accused acted completely normally.12 The complainant said she was confused and terrified but also elated. She said that at the time she was naive. Her parents had not told her about sex until she was 13 and she had not had sex education at school.13 42 The complainant said that she started working at Barnacle Bills when she was around 14 and a half. She turned 14 and a half in March 2012. She said that she would have been 15 when the physical touching started.14 43 The complainant said that after the first occasion of touching in the fridge, the accused, ‘reverted back a little bit for a while’ seemingly conscious that she was a little afraid. After that, the touching in the fridge became ‘a regular thing’. 9 Exhibit MFI P1A at [128]. 10 Exhibit MFI P1A at [132]-[142]. 11 Exhibit MFI P1A at [150]-[152]. 12 Exhibit MFI P1A at [154]-[167]. 13 Exhibit MFI P1A at [154]-[166]. 14 Exhibit MFI P1A at [168]-[176]. -- 9 of 36 -- [2026] SADC 10 8 44 The kissing included putting his tongue in her mouth.15 The touching went on for some months. The complainant said the accused did not put his hands under her clothing. He would touch her breasts and buttocks.16 45 The complainant said that she got comfortable with what the accused was doing. She was actively participating. She would make eye contact with him before going into the fridge. The accused started saying that they should get to know each other outside work. 46 He told her that he wanted to date her when she was 18. He would wait for her.17 The complainant told him that her parents would not let her meet up with him, but she could possibly sneak out.18 The complainant said that she and the accused started talking about her sneaking out to be with him. She said she was scared of being caught and would say ‘no’ at times. Sometimes the accused would be understanding, but at others he would get angry. He would ‘cold shoulder’ her. He would withdraw the affection and praise. 47 She said that she was ‘desperate not to lose that sort of love …’. She eventually agreed to sneak out. The first time she did it was in summer. It was hot and she was wearing shorts and a tank top. They exchanged messages about where they would meet. 48 The complainant suggested the street on a park near where she lived.19 On the first night they met up they ‘didn't get super physical’. She told him that she was a Christian and didn't believe in having sex before marriage. The accused said not to worry, he was a Christian too. They kissed in the car but got out and walked around the park. At one stage there the accused picked her up. He complimented her on how small and light she was.20 The complainant said that she got home undetected. She thought ‘that works’. 49 It became a secret between her and the accused at work. There were ‘secret smiles’.21 50 The complainant said there were at least three other times when they met up at night. On the second occasion, they moved to the back seat of the car. There they kissed. The accused took off her top. He touched and kissed her chest.22 15 Exhibit MFI P1A at [178]. 16 Exhibit MFI P1A at [180]. 17 Exhibit MFI P1A at [182]. 18 Exhibit MFI P1A at [184]. 19 Exhibit MFI P1A at [196]. 20 Exhibit MFI P1A at [198]-[200]. 21 Exhibit MFI P1A at [202]. 22 Exhibit MFI P1A at [204]. -- 10 of 36 -- [2026] SADC 10 9 51 On the third occasion, the accused had her pants down. She could not remember whether they were off or just down. The accused touched her vagina and inserted one of his fingers.23 52 Soon after that third occasion, there was another. This time, the accused put her hand on his bare penis. She was not aware he had taken it out. She flinched, but the accused put her hand back on his penis and moved it up and down for about 10 to 20 seconds. 53 The accused asked her if she wanted to kiss it. She said she was not comfortable doing that. The accused said she was being selfish – ‘I’ve been making you feel good all these times … and not asking for anything in return’.24 The complainant said that the way he said that was ‘in a laughing it off way’. She was relieved that he was not getting angry. She thought he was going to respect her boundaries. 54 On one occasion, when the complainant explicitly said ‘no’ to something ‘and reiterated that she did not want to have sex before marriage’.25 He said that they would not be having sex. That would be illegal. But what they were doing was okay.26 55 There was an occasion when the complainant was on her hands and knees in the back seat. The accused was ‘dry humping her’. She did not think that he ever ejaculated. He always had his pants on, although he did sometimes take his shirt off.27 56 The complainant recalled two random incidents at the workplace. She said there was an occasion where she had to climb up on a benchtop to reach a high shelf. The accused quickly patted her buttocks and said, ‘your arse looks amazing from that angle’.28 57 The other incident occurred on Good Friday when she was in year nine at school. It is agreed that she was in year nine in 2012. Good Friday was one of the busiest times of the year. Her sister was on the same shift as she was. Multiple people were working that day. Towards the end of the day shift, the accused followed her into the fridge. There he kissed her and had his hands on her. The third manager named Spiro came into the fridge. He is the brother-in-law of the manager, Vicki Vlachos. As Spiro walked in, she and the accused jumped apart. The complainant said that although Spiro must have noticed what was happening, 23 Exhibit MFI P1A at [216]. 24 Exhibit MFI P1A at [220]. 25 Exhibit MFI P1A at [222]. 26 Exhibit MFI P1A at [222]-[228]. 27 Exhibit MFI P1A at [240]. 28 Exhibit MFI P1A at [262]. -- 11 of 36 -- [2026] SADC 10 10 he took what he needed from the shelves and left. He never gave any sign of noticing anything.29 58 The complainant said that she was anxious that she and the accused had been detected. She went camping with her family over the Easter weekend. She sent ‘frantic messages’ to the accused. He replied ‘I got fired today’. She replied expressing concern. The accused eventually sent a message saying that he was joking.30 59 The complainant said that somewhere around Good Friday, she was not sure whether before or after that day, she had refused to perform oral sex on the accused. Thereafter the accused started cold shouldering her at work. He would glare at her. He would ‘chuck stuff down into the tray for me to serve up’. He would ignore her. He was being awful.31 60 Soon after that the accused came to the shop with a Greek girl. Vicki Vlachos knew her. They spoke in Greek. Ms Vlachos invited the couple to sit down and order what they wanted. The accused ignored her when she served them. In a way she thought he was punishing her. He would say ‘bring more salad, bring more this …’. The complainant concluded that the two of them were romantically linked. She was shocked. She later understood that the couple eventually married and had a child.32 61 After that, there was no further physical contact between the two. The complainant continued to work at the cafe. Her father eventually told her to leave the job for unrelated reasons.33 62 The complainant started a new job in November 2014. She was then in Year 11.34 She turned 17 in September 2014. 63 The complainant said that after things stopped with the accused, she stopped working on weekends and started working weeknights. On these occasions she only saw the accused occasionally.35 64 The complainant said that while she suffered some depression while at Barnacle Bills, it got worse later.36 65 The complainant said that there was later contact with the accused. In a series of long and somewhat convoluted answers she explained how that contact came about.37 By way of context, she said that she began dating her now husband when 29 Exhibit MFI P1A at [272]-[288]. 30 Exhibit MFI P1A at [288]. 31 Exhibit MFI P1A at [292]. 32 Exhibit MFI P1A at [292]. 33 Exhibit MFI P1A at [294]-[300]. 34 Exhibit MFI P1A at [314]-[318]. 35 Exhibit MFI P1A at [326]. 36 Exhibit MFI P1A at [364]. 37 Exhibit MFI P1A at [394]-[424]. -- 12 of 36 -- [2026] SADC 10 11 she was 17. They became engaged when she was 18 and married when she was 19. She was in Years 11 and 12 at school when she turned 17 and 18 respectively. 66 The complainant said that when she was in Years 11 and 12, she got back in touch with the accused by ‘messenger or text’. She said that initially their exchanges were friendly. The exchanges included ‘sexting’.38 However, she said things changed when she said that for religious reasons, she would have to tell her boyfriend about what they had done. The accused asked her why she needed to do that. She was still a virgin.39 67 She said that at some stage, when she was 18 and engaged,40 the accused asked her to send him nude pictures of herself. She did so on what she was pretty sure was Snapchat, a platform which would delete the exchange once it was viewed.41 68 The complainant's fiancé found out what she had done. He saw a message on her phone. He was upset. He rang the accused. He threatened the accused that if he did not leave the complainant alone, he would contact the police. 69 ‘Apparently over the phone’ the accused said he was sorry. In evidence in court, the complainant acknowledged that she did not hear that call. Her fiancé told her what was said.42 70 The complainant said her fiancé asked her to ‘delete’ the accused, which she did. He became forgiving. He said he understood how she had come under the accused's influence when they were young. The complainant said that after she had deleted the accused, the accused sent her a message saying that he was sorry and that he was going to see a psychiatrist to work out what was wrong with him.43 71 The complainant explained how she came to make a report to police.44 72 She explained why she delayed in doing so. She was deterred by the experience of her younger sister who had made a complaint of grooming behaviour. She did not want her parents to find out. When she became an adult, she thought it was too late to make a report. She thought her sending messages to the accused when she was 18 invalidated her case. On the other hand, she was concerned that the accused had become a teacher. 73 She discussed the matter with her husband and a mentor of his who had a legal background. They encouraged her to report the matter. At the request of the 38 Exhibit MFI P1A at [396]. 39 Exhibit MFI P1A at [400]. 40 Exhibit MFI P1A at [412]. 41 Exhibit MFI P1A at [412]. 42 Exhibit MFI P1A at [116]. 43 Exhibit MFI P1A at [422]. 44 Exhibit MFI P1A at [483]-[491]. -- 13 of 36 -- [2026] SADC 10 12 interviewer, the complainant prepared floor plans of the cafe. They were tendered as Exhibits P2, P3, P4 and P5. 74 The interviewer recapitulated matters already mentioned. Some earlier matters were further clarified. The complainant said that the shifts she worked with the accused were on Sundays, sometimes Saturdays.45 In addition, she worked some weeknights after school.46 The males in the cafe did the cooking. The females did everything else.47 75 The complainant said that when the accused was touching her in the fridge they would only be in there for 30 seconds or so – ‘just long enough for it to be not suspicious that we could logically both happen to be in the fridge at the same time grabbing stuff’.48 76 The complainant said that once or twice in the fridge the accused would press her hand on his hard penis, saying, ‘see how you make me feel’.49 77 The complainant said the joint visits to the fridge took advantage of the manager being in the office. Even if she noticed their visits on the CCTV, which was behind where she sat, it was plausible that they were both grabbing something from the fridge.50 78 The complainant said that the accused’s car at the time was a white sedan, a Commodore or Ford.51 She thought it had the letters S, K, and P in its registration number.52 It had rosary beads hanging from the rear vision mirror.53 It had standard fabric seats.54 On one of the two occasions the accused gave her a lift home from work the front passenger door was not shutting properly. Her father helped in some way with the door.55 79 The complainant said that while driving along, the accused would reach over and touch her groin.56 The complainant did not think that the accused made any modifications to the inside of his car.57 45 Exhibit MFI P1A at [607]. 46 Exhibit MFI P1A at [609]-[610]. 47 Exhibit MFI P1A at [629]. 48 Exhibit MFI P1A at [793]. 49 Exhibit MFI P1A at [803]-[817]. 50 T825. 51 T985. 52 Exhibit MFI P1A at [991]. 53 Exhibit MFI P1A at [999]. 54 Exhibit MFI P1A at [1005]. 55 Exhibit MFI P1A at [1019]. 56 Exhibit MFI P1A at [1035]. 57 Exhibit MFI P1A at [1072]-[1081]. -- 14 of 36 -- [2026] SADC 10 13 The complainant's evidence-in-chief 80 The complainant's evidence in chief consisted of identifying photographs of the cafe,58 and the park where it is alleged that the accused and she met up.59 The complainant's cross-examination 81 The complainant was asked about her involvement in the role-playing game of Dungeons and Dragons. She said she had engaged in that activity with a group of friends for about two years in her early to mid-twenties.60 82 The complainant agreed that her parents were strict adherents to the Brethren Church denomination. She is no longer a member of that church. Her parents have moved to another church.61 At Barnacle Bills the complainant said she would work two nightshifts and one dayshift on the weekend.62 On the weeknights, the manager was Nick Vlachos, the sister of Vicki Vlachos. 83 The complainant agreed that the occasion when Spiro walked into the fridge was on Good Friday. The inference was that it was in 2012. It was the busiest day of the year.63 84 The complainant said that it was summertime when she started meeting the accused in his car at night.64 She supposed it would have been January or February. There were three or four such visits.65 85 The complainant did not recall the accused having time off being hospitalised for a long period.66 She did remember him taking off a couple of weeks to go to Greece. She could not recall him being away for a period of months.67 86 The complainant said she knew the accused did taekwondo. When it was put to her that he trained for that every night of the week, she said she could not comment. She did not know whether he had been on the Greek national team for the sport.68 87 The complainant did not recall the accused being absent from work from just after her 15th birthday in September 2012 until 22 January 2013. Nor could she recall the accused being away from work from May to the end of August or the 58 Exhibit MFI P1A at [6]. 59 Exhibit MFI P1A at [7]; T45-48. 60 T48-52. 61 T53. 62 T55. 63 T65-66. 64 T74. 65 T75. 66 T75-76. 67 T76. 68 T77. -- 15 of 36 -- [2026] SADC 10 14 beginning of September 2012. She had no recollection of him being absent for long chunks of time like that.69 88 The complainant agreed that when she began work at Barnacle Bills, she had some personal upsets at school and home and was not happy within herself.70 She remembered a single occasion when she turned up at work teary after having an argument with her father.71 She agreed that she perceived the accused as someone she could talk to, someone she could trust. He was a good listener. 89 She told him about some of her difficulties, particularly at school, where the boys did not like her. The accused responded by saying that the boys were idiots. He said she was gorgeous and he would date her in a heartbeat if she was old enough.72 When it was put to her that the accused was not saying these things in a flirtatious way, she said they absolutely were.73 90 The complainant said that after she left Barnacle Bills there was some contact with the accused. At that time, she was in Year 11 at a different school. She turned 17 in September of that year (The complainant was in Year 11 in 2014). 91 The contact was through Facebook and other text messages. She could not remember who made the first contact. She and the accused reflected on what they had done together. That is when she said that, for religious reasons, she should tell her boyfriend what they had done. The accused questioned why she had to do that. He said ‘you're still a virgin, what are you complaining about?’.74 He said ‘don't tell anyone because you'll get me in trouble’.75 She said that she bit back by saying that he had taken her innocence from her. There was then no further contact until the complainant was 18.76 92 The complainant could not recall who initiated the contact when she was 18. During exchanges at that time the complainant said that, at the accused's request, she sent him Snapchat images of her naked. Her fiancé found out, but when she told him what had happened between her and the accused, he said that he understood the hold that the accused had had over her when she was young. Her boyfriend rang the accused.77 93 The complainant was asked about the occasion when she said the accused brought a girl from Greece to Barnacle Bills. She said that the accused was still working there. Vicki Vlachos told the couple that the complainant would serve them. 69 T78. 70 T79-80. 71 T80. 72 T81. 73 T82. 74 T84. 75 T88. 76 T89. 77 T89-90. -- 16 of 36 -- [2026] SADC 10 15 94 The accused was smirking at her during her service at their table.78 The complainant said that she was shocked about the apparent relationship between the accused and the girl. She reaffirmed that she would not have engaged with the accused as she did if she knew that he had a girlfriend. The complainant acknowledged that she sent the accused the nude photos of herself after that. She was 18 when she did that.79 95 The complainant said that after she became uncomfortable with what the accused was asking her to do, he started ‘cold-shouldering’ her. He posted on Facebook a song by the band Evanescence, which appeared to her to be a form of passive aggression. On the one hand the accused was cold-shouldering her but on the other he was posting for her to see a song by a band that they both liked.80 96 The complainant said that once the accused started touching her in the fridge, it happened each shift, each week, sometimes more than once a shift.81 97 The complainant said that her parents had told her the bare bones of what sex was about when she was 13, but she had not had sex education at her Christian high school when the accused started touching her. She believed that it was not taught at school until Year 10. 98 The complainant agreed that it was common knowledge in Barnacle Bills that her father was a police officer. 99 The complainant said that after she ceased having physical contact with the accused, she arranged with Ms Vlachos to change her shifts from Sundays to weeknights, principally. She did that to avoid contact with the accused, but she did not explain that to her employer. She made an excuse of having church commitments on Sundays.82 100 The complainant was asked about her recollection of the accused's car having seat covers. The said she could not remember whether it did.83 101 The complainant was asked about her reasons for making her report to police. She said she felt a moral obligation to do so. She had learnt that the accused had become a teacher. She felt that she would not be able to forgive herself if the accused abused anyone else without her having made a report.84 102 The complainant was asked about the phone call her husband made to the accused. She said her husband told her that the accused had said he was very sorry. 78 T92. 79 T93. 80 T94-95. 81 T104. 82 T110. 83 T111. 84 T115. -- 17 of 36 -- [2026] SADC 10 16 She agreed that she was not present when the phone call was made. She added that her husband was happy to testify, ‘but was excluded from testifying’.85 103 The complainant said she had a message from the accused the day after the phone call. She said the gist of the message from the accused was ‘I'm so sorry, I'm going to see a psychologist to work out what's wrong with me and why I have done this, but you know, I will leave you alone and you won't hear from me again’.86 104 The complainant said she did not think of keeping the message for evidence. She said she was feeling ashamed of what had happened. She was blaming herself. She did not think about reporting it to the police for years after that. At the time of the phone call, she did not want to report it. She thought that her sending the accused nude photographs of herself invalidated everything that had happened to her when she was a teenager.87 105 The complainant said she did not recall the terms of her complaint to her school friend Abigail Davies. 106 In re-examination, the complainant said that the accused digitally penetrated her vagina at least once. She could not remember if it was more than that.88 Evidence of Abigail Davies 107 Ms Davies said that she was in the same year at high school as the complainant. They were best friends. Ms Davies' evidence of complaint was elicited in cross-examination. 108 Ms Davies said that on what she understood was an occasion before one of the complainant's night-time meetings with the accused, the complainant had a conversation with her. The terms of that conversation were not elicited from Ms Davies by either counsel. 109 Ms Davies recounted a second conversation. She said the complainant told her that ‘the man from Barnacle Bills penetrated her vagina with his fingers, but not with his penis’.89 110 It was put to her that she had made an inconsistent statement to police, saying that the complainant told her that the man touched her vagina, but ‘he … actually hadn't penetrated her’. 85 T116. 86 T117. 87 T118. 88 T122. 89 T125. -- 18 of 36 -- [2026] SADC 10 17 111 Ms Davies denied she had used those words in her witness statement. She agreed she signed the statement but said she was under a lot of pressure at the time, and she was dyslexic. 112 She said she remembered, ‘very distinctly’ that the complainant had said that the man had ‘fingered her vagina but they did not have penetrative sex’.90 Evidence of Vicki Vlachos 113 Ms Vlachos was the proprietor of Barnacle Bills from 1993 until she closed the business a day or two before she gave evidence. She had worked there five or six days a week. She is a second cousin of the accused. 114 The accused worked at Barnacle Bills from 2011 or 2012. He worked part- time, a couple of days on the weekend.91 He was always on dayshift. He worked there for one or two years. 115 The complainant worked there for about a year and a half from when she was about 15.92 She worked on weekends with her and the accused. She would occasionally do an evening shift. She and the accused worked together every weekend.93 116 In cross-examination, Ms Vlachos agreed that Good Friday was the busiest day of the year. There would be 15 staff there with her on that day. 117 Ms Vlachos agreed that while the accused was working at Barnacle Bills, he would do taekwondo, training every weeknight. He was also competing in the sport. She agreed that, as a consequence, the accused was not able to do a dayshift on Saturdays. He was also studying at the time. He was not able to work during the week. 118 Ms Vlachos said that she had no staff records from the time. There had been a flood and a fire at work so a lot of things got destroyed.94 119 Ms Vlachos agreed that the accused was in hospital for a week having lung surgery. She did not know if he was suffering pain in the lead up to the surgery.95 The accused’s mother came from Greece to help the accused. Ms Vlachos agreed that following the surgery, the accused was not able to come to work for a couple of months. He did not come back to work until September 2012. The accused went to Greece for a bit more than a month that year.96 90 T127. 91 T128. 92 T129. 93 T130. 94 T135. 95 T136. 96 T137. -- 19 of 36 -- [2026] SADC 10 18 120 Ms Vlachos agreed that when the accused came back from Greece, he brought with him his younger brother.97 She agreed that the accused had to take one of his brothers to school each day so he could not work then. When the accused came back to work, he worked only about a shift each week.98 121 Ms Vlachos was asked about the complainant’s demeanour at work. She remembered an occasion when the complainant turned up at work in tears.99 122 Ms Vlachos said that when at work, she would always be moving around the premises.100 She never spent much time in her office.101 123 Ms Vlachos said that the complainant never asked to change shifts. She never saw any close connection between the accused and the complainant. She never saw any flirtatious behaviour on the accused’s part towards the complainant.102 124 Ms Vlachos gave good character evidence about the accused. She said he was well respected. People thought very highly of him. He was always willing to help. He was a positive person. He was stoical about pain. He would never show it. He was respectful to people around him.103 Evidence of Brevet Sergeant Glen Hausler 125 He is the officer-in-charge of this case. He arrested the accused. The accused sought legal advice. There is no record of interview with the accused.104 126 In cross-examination, Brevet Sergeant Hausler said that he spoke on the phone to the Barnacle Bills’ employee, Spiro, but Spiro could not remember anything. Agreed facts – P11 127 There were agreed facts on several topics. I will summarise some of them. Travel 128 The accused first arrived in Australia on 6 November 2011. 129 He was overseas between 20 November 2012 and 22 January 2013 and again between 1 and 28 July 2013. 97 T138. 98 T139. 99 T140. 100 T142. 101 T145. 102 T144. 103 T145-146. 104 T148. -- 20 of 36 -- [2026] SADC 10 19 Medical 130 The accused sought medical attention for chest pain on three or four occasions in May 2012. He was in hospital between 11 and 17 June 2012 for a pleurodesis procedure. He visited his GP on 23 August 2012 due to ongoing pain. A medical certificate was issued stating that he was unfit to partake in taekwondo in September 2012. Complainant 131 The complainant has a history of depression. At the age of 10 (2007), she was admitted to hospital due to suicidal ideation. The accused 132 The accused has no antecedent history. School dates 133 In the years 2012 to 2015, inclusive, the complainant was in Years 9, 10, 11 and 12 respectively. 134 Upon the agreed facts being tendered, Mr Barnett closed the prosecution case. 135 Ms Abbey announced that she would not be calling evidence as part of the defence case. 136 Mr Barnett indicated that he was ready to address, but as it was 4:15pm, I did not think it appropriate to split addresses. I adjourned the matter to the following morning.105 137 The court was unable to sit the following day due to industrial action. 138 Upon resuming at 10:00am on Friday 12 December 2025, Ms Abbey made an application for leave to call her client to give evidence. Mr Barnett did not oppose the application. I granted leave. The accused gave evidence. Evidence of the accused 139 The accused was born in Adelaide, but his family moved to Greece before he was two. He migrated on his own to Australia in November 2011. He was 24 at the time. He planned to study in Australia and to train to enter the Australian National Team in taekwondo. He had been in the Greek national team. When he came to Australia, he lived in Sheidow Park with his aunt, his mother’s sister. He began studying Arts at Flinders University but transferred to Education. He received Centrelink benefits and he worked casually. He started working at Barnacle Bills a few months after he arrived. 105 T152-154. -- 21 of 36 -- [2026] SADC 10 20 140 The accused had a Ford Falcon car which was in poor condition. He tendered the photograph taken of the inside of the car by his then girlfriend, now wife, in December 2013. He said the photograph was taken when they went to Kangaroo Island with his older brother. His girlfriend had only spent a week in Australia on that occasion. He pointed to the seat covers on the front seats of the car which he said his aunt paid for as soon as he purchased it. 141 The accused described a list of defects in the car which had been a taxi and which had travelled over half a million kilometres. He denied there was ever a problem with the front passenger door. He denied ever giving anyone a lift in the car when there was a problem with the door.106 142 The accused said his aunt told him that his cousin, Ms Vlachos, was the owner of the Barnacle Bills café. He became employed there but he could not remember which days of the week he worked there. He remembered weekends. He worked one shift of five hours. 143 The accused said that around April 2012, he experienced symptoms of the lung disease, Pneumothorax. The symptoms were pain in the chest. He had experienced that condition twice in Greece. He said that he did not work from the time he felt symptoms until his return to work in June.107 However, he only worked one shift before the pain returned. As a result, he had to have emergency surgery. It is agreed that the accused consulted his doctor about that condition in May and underwent surgery in June. He received a medical certificate saying that he was unfit to partake in taekwondo in September 2012.108 The accused said his mother came from Greece to help look after him. It is agreed that his mother was in Australia between 16 June and 4 August 2012.109 144 The accused said that he did not return to university until late August or September.110 He did not return to taekwondo until 2013.111 He was overseas between 20 November 2012 and 22 January 2013 and again between 1 and 28 July 2013.112 145 The accused believes he returned to work at Barnacle Bills about the time he returned to university, that is late August or September 2012. However, he did not remember going to work after that. He was trying to catch up with university work.113 His travel overseas in November 2012 to January 2013 and again in July 2013, was to Greece. On his return from the first trip, he brought with him his two younger brothers, Ilias, 23 and Georgios who was 15. The accused was the legal guardian for Georgios. When they came to Australia, they lived at O’Halloran Hill 106 T161-165. 107 T169. 108 Exhibit P11 at [2]-[9]. 109 Exhibit P11 at [1.6]. 110 T172. 111 T173. 112 Exhibit P11 at [1.2]-[1.5]. 113 T175. -- 22 of 36 -- [2026] SADC 10 21 in their grandmother’s house, which was empty. The three brothers had to furnish the house. The accused was the only one who had a car. He was taking Georgios to school each day at Unley High School until Georgios made his own way by public transport. 146 The accused said that after he returned to Australia in January 2013, he did not resume working at Barnacle Bills for a few months.114 He worked one five hour shift a week. He said that he worked some shifts with the complainant and others with a woman his own age named Jacinta. He said he worked more shifts with Jacinta.115 Ms Vlachos was always there. 147 When asked whether he interacted with the complainant, he replied that he had interacted with everyone there.116 He said he was a positive person. He could not remember whether the complainant was a negative or positive person. He did not remember her well at Barnacle Bills. He never saw her outside work.117 148 He had no sexual interest in her. He did not flirt with her. She was a child. He could not remember any particular conversations he had with her. In general, though, if he did ever speak to a 14 or 15 year old, he would try to encourage them.118 149 The accused denied ever having a romantic conversation with the complainant. He denied her allegations of sexual touching. 150 The accused said that he could not remember ever knowing that the complainant’s father was a police officer, although he had heard that in recent days in the trial.119 151 The accused said he left Barnacle Bills in 2014. 152 The accused gave evidence about his relationship with his wife. He said that she first visited Australia for a week in December 2013. They did not get married until some years later. During that first visit in December 2013, the accused was trying to impress her. Taking her to Barnacle Bills was not part of their itinerary. The couple have two children who are now aged five and three. 153 The accused could not remember whether the complainant was still working at Barnacle Bills when he left in 2014. He could not remember when he last saw her. 114 T181. 115 T183. 116 T183. 117 T184. 118 T184-185. 119 T189. -- 23 of 36 -- [2026] SADC 10 22 154 The only contact he had with her was initiated by her via Snapchat.120 While he could not remember details of the communication, the ‘general approach’ was ‘hi, how are you?’ 155 The communication escalated very quickly ‘to nude pictures’. He denied asking her for such pictures.121 He was extremely surprised. ‘I didn’t know this person, it was a person that we had no interaction, no encounters and now all of a sudden I’m receiving messages and then photos’. At the time, he and his partner were planning a wedding in Greece. 156 The accused responded to the first message in a friendly manner, saying he was well.122 The accused was asked how he responded to the complainant sending the nude photo. He said ‘I asked that person in the best way I could, always tried to be respectful to stop doing that, just stop yes’.123 157 The next contact, although indirect, was a phone call from a man the accused now understands was the complainant’s partner. The man told the accused to leave his girlfriend alone and stop bothering her. The accused replied by protesting that it was she who was messaging him and that he had asked her to stop.124 158 The accused said he did not tell his partner because she was busy organising their wedding in Greece.125 159 The accused gave evidence of his good character. He said he had no antecedents. He finished his degree and became a teacher. He told his employer about the present charge.126 160 In cross-examination, the accused confirmed that he had shifts at Barnacle Bills with the complainant. Sometimes there were only the two of them but also Ms Vlachos. 161 The accused said that he probably knew the complainant was at school at the time. He assumed that.127 162 The accused denied the complainant’s allegations which were put to him.128 163 The accused said that he met his wife at his father’s taekwondo gym when he was 14 but they did not begin their relationship until 2014 when he was 26.129 120 T192. 121 T193. 122 T194. 123 T195. 124 T196. 125 T198. 126 T198-199. 127 T201. 128 T201-205. 129 T206. -- 24 of 36 -- [2026] SADC 10 23 164 The accused denied ever getting along well with the complainant. He denied swapping phone numbers with her. He denied texting her. The last time he ever saw her was at Barnacle Bills. He could not remember who left first.130 165 The accused said that when the complainant contacted him on Snapchat, there were two or three exchanges between them. He received multiple nude photographs from her.131 166 At the conclusion of cross-examination, Ms Abbey sought, and was granted, leave to ask a question of the accused which she had overlooked. 167 The accused agreed that he had been a fan of the band Evanescence, and while he could not remember, he might have posted something about that on his social media. He denied ever posting it as a message to anyone.132 Addresses Mr Barnett for the prosecution 168 Mr Barnett submitted that the accused committed the offence of Sexual Abuse of a Child pursuant to s 50(1) of the Criminal Law Consolidation Act between 1 January 2012 and 7 September 2013. He did so by committing two or more of the unlawful sexual acts particularised in the Information. During the time that the accused maintained an unlawful sexual relationship with the complainant, he was an adult and she was under 17. Mr Barnett submitted that the complainant gave evidence that each of the particularised unlawful sexual acts, except one, occurred on more than one occasion. Each of particulars (a), (b), (c), (d), (e) and (g) is alleged to have been committed on more than one occasion. Particular (f), the allegation that the accused incited or caused or procured the complainant to touch his penis, is alleged to have happened on only one occasion. Each particularised unlawful sexual act constitutes a sexual offence as defined in s 50(12) of the Act. With the exception of particular (e), the allegation of digital penetration of the complainant’s vagina, the particulars all constitute an allegation of indecent assault, an offence against s 56 of the Act which is within Division 11. Particular (e) constitutes an allegation of unlawful sexual intercourse which is an offence against s 59, and that too is within Division 11 of the Act. 169 Mr Barnett summarised the complainant’s account of the offending. She said that on multiple occasions in the fridge at work, the accused kissed her on the mouth and neck. He also groped her buttocks. Over the course of four or five occasions, he committed the other unlawful sexual acts in his car. Mr Barnett detailed the evidence of each of the incidents in the car. The complainant said the accused asked her whether she would perform oral sex on him but she refused. 130 T207. 131 T208-209. 132 T210. -- 25 of 36 -- [2026] SADC 10 24 170 Turning to the treatment of the evidence, Mr Barnett submitted that the complainant presented as an intelligent and articulate witness. Her evidence was detailed and cogent. She was an honest, credible and reliable witness. Her evidence had about it the ring of truth which allowed it to be accepted beyond reasonable doubt. 171 Mr Barnett submitted that the complainant’s evidence was corroborated by Ms Vlachos, insofar as there was confirmation that she and the accused worked on shifts together during the charged period. 172 The ages of both are not in dispute. The accused was an adult and the complainant was a child. The complainant has credibly and reliably given evidence of all the particularised unlawful sexual acts. If I accepted her evidence, I can be satisfied beyond reasonable doubt of the accused’s guilt of the charged offences. 173 I sought Mr Barnett’s assistance on several topics. 174 He submitted I did not need to give myself an uncharged acts direction in relation to the alleged request by the accused for the complainant to send him nude photos. That is because the complainant was an adult at the time. 175 Mr Barnett agreed that I should give myself a good character direction regarding the accused. 176 He submitted that I did not have to give myself a direction about prior inconsistent statements. 177 I remind myself that I should include in my judgment the reasons for ruling on the complaint evidence. Ms Abbey KC for the accused 178 Ms Abbey submitted, that on the basis of the evidence given by the accused, I should accept, at least as a reasonable possibility, that the accused did not do the things alleged by the complainant. It is a reasonable possibility that the relationship the complainant claimed to have had with the accused is only in her mind, something that only found expression after her then fiancé discovered she had been sending the accused naked photographs of herself. 179 The accused’s evidence amounted to credible denials of the allegations, such that there is a real possibility of innocence. 180 Ms Abbey submitted that the accused’s evidence had about it the ring of truth, which the complainant’s did not. 181 While the accused could not remember details of conversations he had had with the complainant, that might be expected, given the limited time they worked together. She was really a stranger to him. -- 26 of 36 -- [2026] SADC 10 25 182 Even if I was not to accept the accused’s evidence, there are hurdles to accepting that of the complainant. 183 Ms Abbey submitted that there is reason to think that what the complainant described could not have happened. 184 Ms Abbey submitted that the complainant was very clear in saying that the offending took place in the summer of 2012 to 2013, when she was newly 15 (the complainant turned 15 in September 2012). The complainant thought that the incidents in car occurred in January. However, it is an agreed fact that the accused was overseas between 20 November 2012 and 22 January 2013. The accused and Ms Vlachos gave evidence that the accused did not return to Barnacle Bills immediately upon his return to Australia in January 2013. He was settling him and his brothers in their grandmother’s house. 185 The accused’s evidence, supported by the agreed medical and travel facts, suggests that the accused had time off between April and August 2012. He had medical appointments in May. He had surgery in June. His mother came from Greece to look after him between 16 June and 4 August 2012. Ms Vlachos said that when he came back between August/September and going overseas in November, he was not 100% fit. However strongly the complainant purports to recollect events, they cannot be accurate. 186 Ms Abbey submitted that Ms Vlachos was an honest and reliable witness who, despite being related to the accused, was not barracking for him. Nor was she critical of the complainant. She said she was constantly moving around the premises. She did not spend time bunkered down in her office. That evidence is inconsistent with the complainant’s account of being in the fridge with the accused. 187 Ms Abbey submitted that the complainant’s account of the offending in the car lacks detail about how the acts could have taken place and how clothing was removed. 188 Despite the complainant saying she was infatuated with the accused, they were not working together for sufficient time for that to be plausible. The complainant said that they worked together every week but she has no recollection of the accused taking off substantial time for illness or travel. 189 The evidence of the complainant’s infatuation is not a reliable basis for accepting her evidence. She thought the accused was cold-shouldering her by the way he was banging down the fish basket. She thought he was sending her a message by posting a message about the band, Evanescence. These examples may be seen as the thinking of an immature, infatuated girl. 190 Ms Abbey submitted that the complainant’s account of the accused parading his girlfriend in Barnacle Bills cannot be right. Ms Abbey submitted that the complainant placed that event some time before she began her new job at Subway in November 2013. The accused says his girlfriend did not come to Australia until -- 27 of 36 -- [2026] SADC 10 26 December 2013. I note that in fact, the complainant had said that she began her new job at Subway in November 2014, not 2013.133 Ms Abbey submitted in addition, that it is unlikely that the accused would have brought her to Barnacle Bills if, as he says, he was trying to impress her in the weeks she was in Australia. 191 Ms Abbey submitted that the complainant may have mentally constructed for herself the hope of a relationship with the accused which may explain why she sent him naked photos when she was 18. 192 Ms Abbey submitted that if Ms Vlachos had seen anything inappropriate by the accused, she would have done something about it. The employee, Spiros, could not remember anything when spoken to by the police. On the Good Friday when the complainant says Spiro would have seen her and the accused in the fridge, there were 15 staff on duty. 193 Ms Abbey submitted that there is an inconsistency in the complainant’s account of the two contacts she said she had with the accused after they had both left Barnacle Bills. She said that during the first contact, she told the accused she felt morally obliged to tell her boyfriend about what they had done. The accused was concerned that that might get him into trouble. By contrast, she said that in the second contact, the accused asked her for nude photos. 194 Ms Abbey submitted that, in relation to events after the alleged second contact, the complainant is either lying or there is an inconsistent turn of events. The complainant said that after her boyfriend discovered the nude photos, he rang the accused. The complainant said that her boyfriend told her that the accused had apologised. 195 I digress to say that while there might be a question about the admissibility of that evidence, it may be that the accused is entitled to make the observation about its inconsistency with other evidence. The accused says that he did not apologise. Instead, in the face of the boyfriend’s warning to stay away from his girlfriend, the accused said he was not contacting her. 196 Ms Abbey submitted that the complainant must have been lying when she said that on the following day the accused sent her a message apologising and telling her that he was going to get help from a psychologist. The complainant said that she later deleted the message. Ms Abbey submitted that it is unlikely that the accused would have made, effectively, a confession in writing. 197 Ms Abbey submitted that it is significant that, having become angry and discovering the photos, the complainant’s boyfriend became supportive when he understood how she was manipulated as a child by the accused. He and a friend encouraged the complainant to report the matter to the police. 133 Paragraph 314. -- 28 of 36 -- [2026] SADC 10 27 198 Ms Abbey submitted that it was also insignificant that the complainant had for some years engaged in the role play game of Dungeons and Dragons. That might suggest an active inner life ability to construct things that to her seemed plausible. 199 Ms Abbey submitted that the boyfriend’s anger, and then support and encouragement, might suggest a motive for the complainant to lie. Alternatively, she might have had a motive to believe her story. 200 Ms Abbey submitted that there are a number of matters about which the complainant has lied. It is a lie about the accused’s apologetic text message. The complainant has lied about a degree of sexual naivety on her part. She has lied about being enraged about the accused parading his girlfriend. Her saying that she would not have engaged with the accused had she known about the girlfriend, is inconsistent with her later sending him the nude photos. 201 Sending the photos is more consistent with the complainant holding a candle for the accused in the hope of having that relationship with him, the realisation of the imaged promise that he would wait for her until she was 18. 202 Ms Abbey submitted that during the course of the lengthy interview by the police, the complainant was making up things as she went along. Only in the third section of the interview did she mention the accused touching her as he was driving along and touching her on the buttocks when she stood up on a bench top. 203 Ms Abbey submitted that I should give myself directions on good character, motive to lie and forensic disadvantage. I will do so. 204 Turning to the elements of the offence, Ms Abbey submitted that the evidence fails to establish that the accused maintained a relationship with the complainant. In the workplace, they were merely co-workers. Each was obliged to attend the workplace. To find that there was a relationship for the purposes of the charge, I would have to be satisfied that there was contact outside the workplace. 205 Ms Abbey submitted that it was a reasonable possibility that the complainant developed a crush on the accused, one which was rejected when she sent the nude photographs when she was 18. When her boyfriend found out about the photos, she told him falsely about the accused’s earlier behaviour, whereupon her boyfriend’s anger turned to support and encouragement to report the matter. 206 At the conclusion of her address, I asked Ms Abbey for assistance on several topics. 207 In respect of uncharged acts and the evidence of the nude photos, Ms Abbey submitted that if I regarded the evidence as discreditable conduct on the part of the accused, I should give myself the directions contemplated by s 34P of the Evidence Act. To find the act discreditable might involve acceptance of some at least of the earlier sexual allegations. -- 29 of 36 -- [2026] SADC 10 28 208 Ms Abbey did not think I had to give myself a direction on prior inconsistent statements. 209 Ms Abbey submitted that I should give myself a Calides direction. 210 I give myself a number of directions. Calides direction 211 If, in the face of two compelling bodies of opposing evidence, I am not able to determine where the truth lies, I will not be satisfied beyond reasonable doubt of the prosecution case.134 Motive to lie direction 212 In this case the defence submits that there is evidence from which an inference may be drawn that the complainant had a motive to lie about the accused. She gave evidence that, when she was 18, she sent the accused photos of herself while naked. Her then boyfriend, now husband, discovered the photos on her phone. He was angry. However when the complainant told him that the accused had sexually abused her when she was a child, he became solicitous. He and a friend encouraged her to report the matter to police. 213 The suggested motive to lie is that, to explain away the sending of the photos, the complainant sought to mollify her boyfriend by falsely claiming to have been sexually manipulated by the accused when she was a child. Having mollified her boyfriend, she was encouraged to repeat her false story to the police. 214 I direct myself on this topic. I must have regard to the suggested motive to lie when assessing the complainant’s credibility and when determining whether to accept her evidence. Even if I were to reject the suggested motive to lie, that rejection does not strengthen the prosecution’s case. It is neutral. It does not add to the complainant’s credibility. Witnesses may have motive to lie which cannot be identified. 215 While the accused is entitled to point to a motive for the complainant to lie, he has no obligation to do so, much less to prove one. The accused bears no onus of proof.135 Good character direction 216 The accused and Ms Vlachos gave evidence of the accused’s good character. It is agreed that he has no criminal antecedents. Ms Vlachos said that the accused was well respected. People thought very highly of him. He was always willing to help. He was a positive person. He was respectful to people around him. 134 R v Calides (1983) 34 SASR 355; R v Lavery (2013) 116 SASR 242, [2013] SASCFC 46. 135 R v Botten [2017] SASCFC 73 at [67]-[68]. -- 30 of 36 -- [2026] SADC 10 29 217 The accused said that he had finished his degree and become a teacher. He told his employer about the charge. 218 I direct myself on this topic. I must have regard to the accused’s previous good character when considering whether to draw from the evidence the conclusion of his guilt. I should bear it in mind as a factor affecting the likelihood of him committing the crime charged. I should also bear it in mind when assessing his credibility.136 Forensic disadvantage – s 34CB of the Evidence Act 219 There has been a delay in these allegations reaching trial. The first offending is alleged to have occurred when the complainant was 14 and a half. She is now 28. That is a delay of some 14 years. 220 As a result, the accused has suffered a significant forensic disadvantage. His ability to test the prosecution’s allegations is diminished. No work records from Barnacle Bills are available. The complainant’s sister has died. She worked in the café on the relevant Good Friday when Spiro was said to have walked into the fridge and seen the accused and the complainant in a compromising position. There are no Facebook or Snapchat messages. Ms Vlachos said that she was unable to remember details of the times when the accused and the complainant worked at Barnacle Bills. 221 I bear these disadvantages in mind when scrutinising the evidence of the prosecution witnesses. Complaint – s 34M of the Evidence Act 222 Before the trial commenced I excluded evidence which was proffered by the prosecution as evidence of complaint. I briefly set out my reasons for doing so. 223 The evidence appears in the complainant’s record of interview at paragraphs 364 and 408 (both now redacted) and in the witness statement of Abigail Davies dated 10 September 2022 at paragraphs 8 and 11. 224 At paragraph 364 of the complainant’s record of interview she said that the first people she told about the accused’s offending were her sister and her school friend, Abigail Davies. She said she was in Year 10 at school at the time. She was in Year 10 in 2013. It is unclear from her interview which of the two disclosures was first. It is not clear whether the complaint to one might be seen as an elaboration of the other. The complainant’s sister died on 6 January 2022.137 There is no statement from her. 136 R v Trimboli (1979) 21 SASR 577; R v BS (2016) 261 A Crim R 329 [87]-[88]. 137 Exhibit P11 at [13]. -- 31 of 36 -- [2026] SADC 10 30 225 The statement of Abigail Davies refers to two conversations she said she had with the complainant. The first was when the two of them were at school. They were in the same year. The complainant finished school in 2015. 226 However, Ms Davies’ account of that conversation was that the complainant simply told her that she was sneaking out at night to meet up with the accused (paragraph 8 of her statement). In my view, that is not evidence of complaint. It is not sufficiently referrable to a complaint of sexual offending. 227 The second conversation was ‘a few years’ later.138 That conversation would in my view be referable to the subject sexual allegations. 228 A further complication is that the complainant said that she made her disclosure of the sexual offending to her then boyfriend when she was 17. She turned 17 in September 2014. She was then in Year 11. 229 No one sought to call evidence on a voir dire to clarify these issues. The parties told me that if I excluded the complainant’s husband’s complaint evidence, he would not need to be called at trial. They invited me to make findings on the papers. I did so. 230 Because I could not determine which of the complainant’s disclosure amounted to an initial complaint within the meaning of s 34M of the Evidence Act and I could not determine any elaboration, I excluded entirely the evidence of complaint. 231 I have earlier mentioned that the only evidence of the complainant’s husband’s evidence which I excluded, was his evidence of complaint. I did not exclude any other evidence he might give. Specifically, I did not exclude evidence, if there was any, of the phone call he had with the accused after he discovered the nude photos of the complainant. I made that clear to the parties after the complainant said in her evidence that she understood that her husband was willing to give evidence but his evidence was excluded. 232 I have not read any statement of the complainant’s husband as none was drawn to my attention during the discussion about complaint, nor at any other time. The meaning of ‘relationship’ 233 Towards the end of her address, Ms Abbey submitted that the prosecution had failed to prove that there existed a relationship between the accused and the complainant during which unlawful sexual acts were committed. In other words, the prosecution has not established that there was a non-sexual relationship between the two which is separate from the alleged sexual acts. 234 It has been clearly established by the authorities that an element of the charged offence is that the accused has maintained a relationship with the 138 Paragraph 11. -- 32 of 36 -- [2026] SADC 10 31 complainant. As Kourakis CJ observed in R v Mann,139 a single meeting between two people would not be described as a relationship. A predatory attack by a stranger would not suffice. Kelly and Peek JJ agreed. The Chief Justice said that the necessity for proof of a relationship, apart from the alleged sexual acts, is to be found in the words of s 50(2) of the Criminal Law Consolidation Act where ‘unlawful sexual relationship’ is defined to be ‘a relationship in which an adult engages in two or more unlawful sexual acts …’ (italics added). 235 On the topic of what may be construed as a relevant relationship, Kourakis CJ drew on definitions appearing in the third Macquarie Dictionary and the second Oxford English Dictionary.140 His Honour thought that the most apt of several meanings were respectively ‘an emotional connection between people, sometimes involving sexual relations’ and ‘a connection formed between two or more people or groups based upon social interactions and mutual goals, interests or feelings …’ I note that another meaning from the Macquarie Dictionary is ‘connection; a particular connection’. 236 His Honour gave as examples of relevant relationships ‘familial relations, residential relations, working relations, sporting and recreational relationships and professional relationships’ (italics added). 237 The complainant said that she was employed casually at Barnacle Bills from when she was 14 and a half in March 2012 until late 2013. It is not in dispute that the accused was employed there before the complainant arrived and he was there after she had left. He said he was away from the job between June and September 2012 and again between November 2012 and January 2013, but after each absence, he returned to the job. It is not disputed that the accused and the complainant worked together on the same weekend shifts. Generally, neither worked shifts on weekdays. 238 In my view, that evidence demonstrates a working relationship, notwithstanding that both parties were employed casually and part-time, and there were gaps in the times that they worked together. I so find. 239 Ms Abbey conceded that if I were to find as a fact, contrary to the accused’s denials, that they met up at night outside work on four or five occasions, they might be regarded as in a relationship or friendship. Consideration 240 The prosecution’s case rests essentially on the evidence of the complainant. To prove its case, the prosecution must demonstrate that, in material respects, her evidence must be accepted beyond reasonable doubt. The accused bears no onus of proof. The prosecution will not have discharged its onus of proof if I cannot reject the accused’s evidence as reasonably possibly true. If, in the face of two 139 [2020] SASCFC 69 at [27]. 140 Paragraph 25. -- 33 of 36 -- [2026] SADC 10 32 competing accounts, I do not know where the truth lies, I will not be satisfied beyond reasonable doubt of the prosecution’s case. I must bear the evidence of the accused’s previous good character in mind when assessing his evidence. 241 I find that the complainant gave her evidence in a straightforward manner without any suggestion of exaggeration. Her evidence had about it credible nuances. It is an account of gradually escalating sexual behaviour on the accused’s part, sexual behaviour in respect of which the complainant felt conflicting emotions. She was initially both terrified and elated.141 She had felt overlooked by the boys at school but the accused paid her attention. He flattered her and flirted with her. He made her feel that she had sex appeal.142 He said he would date her in a heartbeat when she was 18. 242 The complainant described the accused’s behaviour as escalating when he followed her into the fridge and began touching her. The visits to the fridge became regular and welcome. They were furtive, so quick that the time taken was about what might be expected if they were both just going to the fridge to retrieve food stuffs. The touching was relatively restrained. The accused never put his hands under her clothes. 243 The complainant said that the accused suggested they should meet outside. They discussed the possibility of her sneaking away from her parents’ home at night. She was scared of being caught, but after she was undetected the first time, she became emboldened. The complainant said that the touching in the car began gradually. The first time they only kissed, but during the three or so later meetings, the sexual behaviour escalated to the accused digitally penetrating her vagina, perhaps only once or twice. The complainant said that she would become undressed. The accused would not, although he did at times take his shirt off. When the complainant refused to perform oral sex, he said that she was selfish but did so in a gentle manner. She felt that the accused was respecting her boundaries. He assured her they would not be doing anything illegal. 244 There are two relatively minor but compelling topics on which the complainant gave evidence. She said that on one occasion the accused drove her home in his car and that the front passenger door was defective. Her father fixed it up. In my view, that is an unlikely account if it was false. The accused admitted that his car was seriously defective, although he denied that he ever took the complainant home and he denied that there was a problem with the door. 245 The complainant said that on Good Friday, probably in 2012, the fellow employee, Spiro, came into the fridge where she and the accused were caught. The complainant said Spiro made out that nothing had happened. Significantly, she said that she was anxious that Easter about the consequences of what Spiro had seen. The accused sent her a message saying that he had been fired, but he quickly 141 Paragraphs 154-166. 142 Paragraphs 132-142. -- 34 of 36 -- [2026] SADC 10 33 explained that that was a joke. In my view, that too is an unlikely account if it was false. 246 The complainant said that the physical contact stopped when she realised that the accused had a girlfriend. 247 Notwithstanding that the physical contact ended, there were communications on two later occasions, one when the complainant was 17, and another when she was 18. She said that on the first occasion, she told the accused that she would have to tell her boyfriend about what they had done. The accused asked her why she needed to do that. She was still a virgin. He told her that if she did disclose what they had done, he might get into trouble. 248 On the later occasion, the complainant said the accused asked her to send him some nude pictures of herself, which she did. 249 While the account of these two communications seems credible, there is force in Ms Abbey’s criticism that there are two inherent contradictions. If the accused was concerned during the first conversation that he might get into trouble, it is unlikely that he would later ask for nude photographs. The other contradiction arises from the complainant’s evidence that she would not have engaged in the sexual behaviours with the accused if she had known that he had a girlfriend. Her sending the nude photographs appears inconsistent with that assertion, even if, as she says, the accused asked for the photographs. 250 There is a respect in which the complainant’s memory is plainly faulty. She said that once the physical contact began in the fridge, it happened every time they worked together. She remembered no chunks of time when the accused was absent from the workplace. The accused said that there were two substantial periods of his absence from the workplace. He was absent from work due to ill health and some hospitalisation, between May and September of 2012. His evidence on that topic is supported by Ms Vlachos and the agreed facts which refer to medical records. 251 The accused said he was absent from work while overseas between November 2012 and January 2013 and again in July 2013. Again, his evidence is supported by Ms Vlachos and the agreed facts which refer to immigration records. 252 The complainant did not assert that the accused was not absent from work. She simply said that she could not remember substantial absences. Her faulty memory on this topic does not necessarily adversely affect her credibility, but it is not irrelevant. 253 I turn to the evidence of the complainant. He denies that any sexual behaviour occurred. That essential aspect of his defence does not admit of the sort of nuances found in the complainant’s evidence, but that observation is not to be regarded as a criticism. Denials cannot be expected to be detailed. The accused gave his evidence in a relatively straightforward manner, although he tended to profess little -- 35 of 36 -- [2026] SADC 10 34 memory of the complainant. He could not remember any particular conversations he had with her. He could not remember whether she was a negative or positive person. He could not remember whether she was still at the café when he left. Even bearing in mind his forensic disadvantage, his lack of memory about her is surprising, given that the two of them worked shifts together in that small workplace. Frequently they were there with only Ms Vlachos. The shifts were about five hours duration and extended over months. 254 The accused’s evidence about his absences from work are generally supported by Ms Vlachos, whose evidence I accept. I agree with the defence submission that she appeared to be doing her best to recollect events. She did not display any bias towards or against either the accused or the complainant. The accused’s evidence of his absences was also supported by the agreed facts. 255 For the reasons I have given, I find that the complainant’s account is credible, but that is not sufficient to meet the requirement of satisfaction beyond reasonable doubt. That standard is only met if I can reject as reasonably possibly true the defence’s account. In assessing the defence account, I must bear in the mind the accused’s previous good character. For the reasons I have given, I am not able to reject his account as reasonably possibly true. 256 Apart from a tendency to distance himself from the complainant, his evidence was straightforward and not demonstrably faulty. I have to bear in mind his previous good character. I give some weight to the two apparent contradictions in the complainant’s evidence. I give some weight to her faulty memory about the accused’s absences from work. 257 Accordingly, I am not satisfied beyond reasonable doubt of the accused’s guilt. Verdict 258 Sexual Abuse of a Child – Not Guilty. -- 36 of 36 --